RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS
DECLARING THAT THE TRANSFER OF REAL PROPERTY LOCATED
WITHIN THE UNIVERSITY DISTRICT SPECIFIC PLAN AREA AT 318 E.
BARHAM DRIVE, SAN MARCOS, CA (ASSESSOR’S PARCEL NUMBER 220- 202-27-00) TO FACILITATE THE CONSTRUCTION AND INSTALLATION OF
PUBLIC INFRASTRUCTURE IMPROVEMEN TS IS EXEMPT FROM THE
SURPLUS LAND ACT, AUTHORIZING THE CITY ATTORNEY TO SEEK
ASSISTANCE FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT WITH RESPECT TO SUCH EXEMPTION,
AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO
FINALIZE, AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE
TRANSFER OF REAL PROPERTY AND IMPROVEMENTS AND TO
PROCESS AND IMPLEMENT SUCH TRANSFER IN THE EVENT SAID
EXEMPTION FROM THE SURPLUS LAND ACT IS CONFIRMED BY THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
WHEREAS, the City of San Marcos (“City”) initially adopted the University District Specific Plan (“UDSP”) in 2009, and has since amended the UDSP and has approved tentative maps and site development plans to facilitate, encourage, and accommodate development within the UDSP area; and
WHEREAS, the UDSP and the conditions of approval for subsequent entitlements contain requirements for the installation of public infrastructure and facilities which include, but are not limited to, road improvements and infrastructure; and
WHEREAS, the real property and improvements located at 318 E. Barham Drive, San Marcos, CA, identified as Assessor’s Parcel Number 220 -202-27-00 (“Property”) has been acquired by the City to facilitate road and associated public improvements by negotiation in lieu of condemnation proceedings; and
WHEREAS, the Property is needed to ensure the cohesiveness of development in conformance with the UDSP environmental review documents as well as entitlements and associated conditions of approval issued to Urban Villages San Marcos, LLC (“UVSM”), which conditions of approval include, but are not limited to, the widening of travel lanes on Barham Drive to accommodate vehicular circulation, the installation of sidewalks to facilitate pedestrian circulation, the provision of bike lanes, and the installation of parkway landscaping; and WHEREAS, because a portion of the Property is needed for public infrastructure improvements as described above , City acquired the same, closing escrow on July 10, 2024, acquiring the entirety of the Property because the seller indicated he wished to sell the Property in its entirety to the City, and the City desired to accommodate the request; and Resolution 2024 – XXXX
September 10, 2024
WHEREAS, conditions precedent to the City’s entry into escrow with its predecessor in interest included UVSM’s deposit of the full purchase price for the Property and payment of any and all costs incurred by the City associated with the associated transactions, and that UVSM defend, indemnify, and hold the City harmless from any and all claims, damages or injuries that may arise from, be related to or associated with these transactions; and WHEREAS, the proposed post-acquisition transfer of the Property to UVSM meets one of the exemptions to the Surplus Land Act, which would permit transfer of the entire site to UVSM; and
WHEREAS, the entirety of the Property is approximately 13,404 gross square feet (0.31 acre) in size, and is not located within the coastal zone, adjacent to a historical unit of the State Parks System, listed as a state or federal historic resource, or within the Lake Tahoe region; and WHEREAS, California Government Code (“GC”) section 54221(f)(1)(B) includes within its definition of “exempt surplus land” property that is “less than one -half acre in area and is not contiguous to land owned by a state or local agency that is used for open -space or low - and moderate-income housing purposes,” which description is consistent with the Property; and WHEREAS, given the above-described characteristics of the Property, the City desires to implement the transaction accordingly and transfer the entirety of the Property to UVSM; and WHEREAS, the City and UVSM have agreed in principle to the material terms and provisions of the necessary to complete the contemplated transaction, as described in the Agenda Report relating to this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Marcos that:
1. The foregoing recitals are true and correct.
2. The City Council hereby finds and declares the portion of the Property that would remain following the installation of public infrastructure improvements by UVSM is not necessary to serve a public need or purpose, and that transfer of said Property to UVSM for installation of the public infrastructure improvements subject to the conditions precedent of the issuance of an Irrevocable Offer of Dedication of the portion of the Property needed for the Barham Drive Improvements as well as the execution of any Temporary Construction E asement, is exempt from and not subject to Surplus Land Act requirements, as it would be consistent with the “exempt surplus land” description contained in California Government Code section 54221(f)(1)(B), consisting of property that is “less than one-half acre in area and is not contiguous t o land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.” Resolution 2024 – XXXX
September 10, 2024
3. The City Attorney is hereby authorized to seek HCD’s concurrence to the effect that the proposed transaction contemplated by this Resolution is exempt from the Surplus Land Act, and the City Manager and City Attorney are authorized to subsequently implement and facilitate such a transfer of said Property to UVSM, provided HCD has issued its concurrence with the above -referenced finding of exemption of such transaction from the Surplus Land Act.
4. The City Manager and the City Attorney are hereby authorized to complete negotiations and finalize the above -described transfer of the Property located at 318 E. Barham Drive, San Marcos, CA, identified as Assessor’s Parcel Number 220-202-27, to UVSM, which authorization is expressly conditioned on meeting the findings contained in this Resolution.
5. The City’s agreement to undertake the transactions described herein is expressly conditioned and contingent upon UVSM bearing any and all costs and expenses whatsoever associated with the contemplated Property transfer, HCD assistance process, and real property transfer including, but not limited to , costs of escrow, issuance of a policy of title insurance, staff time, and attorneys’ fees and costs, and is further contingent on UVSM defending, holding harmless, and indemnifying the City against any and all claims of whatever nature may arise from any and/or all of the transactions described herein, which obligation shall survive all potentially applicable limitations periods.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos this 10th day of September 2024 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_________________________
Phillip Scollick, City Clerk
City of San Marcos